Create Your Separation Agreement


Agreement to be:


Frequently Asked Questions

What does a Separation Agreement deal with?A Separation Agreement deals with and records such issues as property, debts, child custody, spousal maintenance and any other issues that arise when a marriage ends.What if both parties reside in different states?If both parties reside in different states, then select the state where you intend to apply for divorce. Your agreement will be created based on the rules and regulations of that state.Is the Separation Agreement binding?As long the terms of the Separation Agreement are fair, both parties have given full disclosure regarding assets and debts, is in the best interest of the children (if any) and the document is properly executed, it will be held as valid by the courts.

Your Information

(e.g. John J. Smith)

Your Spouse's Information

(e.g. Anna M. Jones)

Marriage Information

RadDatePicker
RadDatePicker
Open the calendar popup.
(e.g. Los Angeles, California)
Frequently Asked Questions

What if we are not married?LegalContracts's Separation Agreement addresses issues that married couples encounter post separation and this agreement may not be suitable for unmarried couples.

Separation

RadDatePicker
RadDatePicker
Open the calendar popup.

Frequently Asked Questions

What if we are living in the same residence?Living separately does not necessarily mean having a separate residence. If your relationship has ended but both spouses are still living in the same home for one reason or another (e.g. financial reasons), the courts may still consider you to be living ‘separate and apart’ provided you are no longer behaving as though you were married.

However, in some jurisdictions living in separate spaces in the house such as basement vs. upstairs and not sharing meals, etc, may not considered sufficient proof to be perceived as living ‘separate and apart’ and separate residence may be required.

Children

Frequently Asked Questions

When is a child financially dependent?Child maintenance in Alabama must be paid until the child is 19 years of age or while the child is still financially dependent on the parents due to a physical disability or is attending school full-time.

Spousal Support

Frequently Asked Questions

When is spousal support payable?Spousal support is likely to be payable when there is a big difference between the spouses' incomes upon separation.

The purpose of spousal support is to help the spouse who is in financial need (provided the other spouse has the ability to pay) and to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage.
What is the difference between spousal support and child support?Child support is a financial obligation where one parent has a duty to make payments for the support of his or her children, while spousal support refers to payments made to a spouse in order to relieve financial inequality at the end of a relationship. Children, being the responsibility of both parents, are always entitled to child support, while spousal support is usually dependent on need and ability to pay.

Child support is not a payment that affects taxes. The payment is not deductible by the person paying child support and is not viewed as taxable income by the person receiving the payment. In contrast, spousal support is usually tax deductible for the spouse that is paying and is treated as taxable income by the spouse receiving the payment.
How much should be paid in spousal support and for how long?The amount and the duration of the spousal support is dependent on the financial means and needs of the spouses; the length of the marriage; the spousal roles during marriage, e.g. who took care of the children during marriage; both spouses’ current financial positions; a reasonable estimate of the time required for receiving spouse to become self-sufficient; or any preceding agreement made between the spouses regarding the spousal support.

Marital Residence

Frequently Asked Questions

What is a "marital residence"?“Marital residence” refers to the property where the couple resided before the breakdown of the marriage. One spouse may legally own the marital property, but both spouses usually have equal rights to possession of the "marital residence". What is a "Quitclaim Deed"?A Quitclaim Deed is a document used to transfer whatever interest or title a spouse may have in a real property. You can complete a Quitclaim Deed on our website.

My Income

Employment Income

Other Income (Non-employment)
Frequently Asked Questions

Why provide income information?The income of both spouses is required to be provided as part of any full financial disclosure. The income of spouses is used to compute any child or spousal support.What does "non-employment" income mean?"Non-employment" income refers to the amount you reasonably expect to earn from sources other than your employment such as stocks, bonds, businesses, rental property, etc.

For full and complete disclosure, indicate all "non-employment" income sources even if the actual income this year was zero or negative.

My Spouse's Income

Employment Income

Other Income (Non-employment)
Frequently Asked Questions

Why provide income information?The income of both spouses is required to be provided as part of any full financial disclosure. The income of spouses is used to compute any child or spousal support.What does "non-employment" income mean?"Non-employment" income refers to the amount you reasonably expect to earn from sources other than your employment such as stocks, bonds, businesses, rental property, etc.

For full and complete disclosure, indicate all "non-employment" income sources even if the actual income this year was zero or negative.

My Assets

Frequently Asked Questions

What items should be listed?List all valuable items that you will receive post-separation, including any gifts or inheritances, that you will continue to own separately post-separation.

It is suggested that most valuable items, such as vacation home, are evaluated by a professional.

My Spouse's Assets

Frequently Asked Questions

What items should be listed?List all valuable items that your spouse will receive post-separation, including any gifts or inheritances, that your spouse will continue to own separately post-separation.

It is suggested that most valuable items, such as vacation home, are evaluated by a professional.

Joint Property

Frequently Asked Questions

What is joint property?List all assets (real or personal) to be sold for cash and for cash to be divided equally between the parties.

Provide a complete description including serial numbers and account numbers where applicable. (Do not include the matrimonial home).

My Debts

My Spouse's Debts

Additional Clauses

Frequently Asked Questions

Why create an additional clause?You can add additional clauses to the Separation Agreement if there are any details, terms, restrictions, etc. that this agreement does not have but you would like to include. The clause(s) will appear in your Separation agreement exactly as you type it (them).

E.g. Both parties will continue to be responsible for the Bank of America Credit Card Account that is currently held in joint names of both parties and both parties will continue to pay $500 per month until the balance is paid off. Once the balance is fully paid the account will be cancelled.

Signing Details



Frequently Asked Questions

Do I need to show this separation agreement to a lawyer before it is signed?While it is not necessary to show this agreement to a lawyer before you sign, it is a good idea. This is especially the case if you are confused or uncertain about any of the clauses. If you require a review, ensure that you have your agreement reviewed by your own lawyer (not your spouse’s lawyer) before you sign.

While it is recommended, generally, it is not necessary to obtain a Certificate of Independent Legal Advice from a Lawyer.
What is a "Certificate of Independent Legal Advice"?A "Certificate of Legal Advice" is a document that confirms that a spouse has received legal advice from their own lawyer.

This document may prevent your spouse from later claiming that he or she didn't understand the separation agreement or the consequences of it.

It is best to always obtain a Certificate of Independent Legal Advice from a Lawyer.
If the laws of Alberta will govern this agreement (i.e. be used to interpret this agreement or decide any disputes), then each spouse must acknowledge, in front of a lawyer, that they are aware of the nature and the effect of the separation agreement. This acknowledgment is called a "Matrimonial Property Act Acknowledgment" and you must sign it before a lawyer who is not acting for your spouse.If the laws of Saskatchewan will govern this agreement (i.e. be used to interpret this agreement or decide any disputes), then each spouse must acknowledge, in front of a lawyer, that they are aware of the nature and the effect of the separation agreement. This acknowledgment is called a "Family Property Act Acknowledgment" and you must sign it before a lawyer who is not acting for your spouse.You must choose a competent adult to witness the signing of this agreement.Are there any requirements for the signing of Separation Agreement?Typically, if the Separation Agreement deals with real estate (e.g. how the house will be divided), then it must be notarized and be executed in front of two witnesses.

It is best to sign the Separation Agreement in front of your own lawyer and to receive a Certificate of Independent Legal Advice from your lawyer. Alternatively, we suggest that you consider seeing a notary public or at minimum sign the document in front of one or two witnesses.
How many copies of the separation agreement are needed?You will need at least two copies: one for you and one for your spouse. Ensure that you print copies of the agreement before you sign so that each copy will have an original signature.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.